State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation - Studies in International Law 26 (Hardback)
  • State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation - Studies in International Law 26 (Hardback)
zoom

State Liability in Investment Treaty Arbitration: Global Constitutional and Administrative Law in the BIT Generation - Studies in International Law 26 (Hardback)

(author)
£90.00
Hardback 460 Pages / Published: 30/11/2009
  • We can order this

Usually dispatched within 1 week

  • This item has been added to your basket
Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. "State Liability in Investment Treaty Arbitration" is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause.

Publisher: Bloomsbury Publishing PLC
ISBN: 9781841138565
Number of pages: 460
Weight: 580 g
Dimensions: 230 x 156 x 36 mm

You may also be interested in...

Public Law
Added to basket
£38.99
Paperback
The Finance Curse
Added to basket
East West Street
Added to basket
£9.99
Paperback
The Greatest
Added to basket
£9.99
Paperback
Contract Law
Added to basket
£30.99
Paperback
The Rule of Law
Added to basket
£9.99
Paperback
European Union Law
Added to basket
The Ten Types of Human
Added to basket
£9.99   £7.99
Paperback
Smith, Hogan, & Ormerod's Criminal Law
Added to basket
How to Change Your Mind
Added to basket
£20.00   £16.99
Hardback
Tort Law
Added to basket
£33.99
Paperback
Legal Skills
Added to basket
£29.99
Paperback
Constitutional and Administrative Law
Added to basket
In Your Defence
Added to basket
£16.99
Hardback

Reviews

Please sign in to write a review

Your review has been submitted successfully.